HRW Higher Ground: Recent Episodes
Hirsch Roberts Weinstein LLP
John Graff of Hirsch Roberts Weinstein LLP is a nationally recognized higher education attorney with extensive experience advising colleges and universities on matters unique to higher education, including Title IX compliance, investigations and litigation; advice and audit representation in U.S. Department of Education Clery Act compliance reviews; and all matters related to student affairs operations. John also provides logistical consulting to campus law enforcement agencies throughout the country concerning all aspects of police operations. Visit us online: www.hrwlawyers.com
John discusses the importance and impact of leading with kindness, courtesy, and poise – grace.
John discusses the impact of leadership fatigue on leader and team, strategies to reduce fatigue and minimize the fallout, and organizational values around leader and team wellness.
What truly sets exceptional leaders apart? In this episode, John dives into 11 critical personality traits every leader must cultivate to inspire trust, lead with confidence, and drive results. Whether you're a seasoned executive or an emerging team lead, discover how to sharpen your leadership mindset and elevate your impact.
John discusses the impact of a leader’s or teammate’s ego upon an objective, distinguishing between healthy and unhealthy ego, and discussing the ways a dangerous ego manifests itself. To frame the issue, John discusses the role ego played in the thinking of one of the most infamous spies in American history.
Media Links:
USA v. Robert Philip Hanssen: Affidavit in Support of Criminal Complaint, Arrest Warrant and Search Warrant".
What made the American turncoat tick?
The Inside Story: Robert Hanssen’s Psychiatrist Reveals Secrets of the KGB Super Spy
Higher Ground is back! John talks about:
- A pause from all things digital, including social media and the show, and the decision to continue Higher Ground;
- The amazing NACUA 2023 Annual Conference;
- The psychology of revenge; and
- The impact of revenge and cancel mindset on team performance.
Media Links:
- https://www.instyle.com/celebrity/celebrities-who-dont-use-social-media
- https://www.dailydot.com/irl/doordash-wendys-no-tip-order-revenge/
- https://www.procon.org/headlines/is-cancel-culture-or-callout-culture-good-for-society/
- https://www.nytimes.com/2020/12/03/t-magazine/cancel-culture-history.html
- https://nypost.com/2023/08/22/jennifer-aniston-declares-she-is-so-over-cancel-culture/
John reflects back on leadership and life perspective lessons learned after nearly two years of the pandemic and while we are still not out of the woods.
John discusses big picture Clery Act compliance thinking and leadership with Melinda Latas, Director of Systemwide Clery and Campus Safety Compliance for the Cal State University system. Melinda has extensive knowledge and experience managing Clery compliance issues; has worked in student affairs; and holds a law degree from The Ohio State University Moritz College of Law, an M.A. in Higher Education Student Affairs from The Ohio State University, and a B.S. from Texas A&M. John and Melinda talk about managing Clery Act compliance efforts in a way that empowers campus professionals to have confidence and encourages them to avoid being fooled into thinking that room for improvement indicates impending doom if audited by the Department of Education. Although focused on a higher ed topic, the leadership principals discussed carry over into any effort.
John discusses some psychological factors and indicators of unhealthy drama, and provides suggestions on strategies to mitigate the impact of unhealthy drama on your workplace, school, team, or project.
Drama left unchecked in an organization can be lethal to survival of team, mission, individual, or all of those. John discusses the instinctive human drive toward drama and its dangerous impact on collaboration against the backdrop of literature, history, and Guns N Roses’ debut album Appetite for Destruction.
WARNING: Although the episode contains no profanity, it does contain a gritty discussion about the addictive realities of drama through comparison to drug addiction.
John Graff and returning guest Scott Schneider kick off the season by catching up on music, the realities of trial work, stand up comedy, UFC, and maintaining one’s own identity in a demanding career. They also dive deep on why the recent U.S. withdrawal from Afghanistan, a Taliban Twitter post, an over-reliance on social media, and a recent poll on the American political divide from the University of Virginia Center for Politics matter to higher education.
HRW's John Graff, Scott Roberts, and members of the SUNY ARRIVE Center team, Joseph Storch, Roma Shah, and Morgan Clifford, discuss the development and use of the Sexual and Interpersonal Violence Prevention and Response Course (SPARC). This program assists colleges and universities in training students in the prevention of sexual, interpersonal and related violence through interactive measures (such as providing QR codes around campus that open up to TikTok-like informational videos).
Learn more about SUNY SPARC at https://system.suny.edu/sparc/
Learn more about The ARRIVE Center at https://www.suny.edu/arrive
Life for young adults was already complicated before the pandemic. Cell phones, tablets, video gaming systems, streaming videos, and helicopter – no, snowplow – parents removing character building adversity from the paths of their children. Then the pandemic hit, requiring an internal grit to work through it – the type of grit usually developed as a result of having to deal with the same adversity cleared by the snowplow.
Julie Lythcott-Haims is a New York Times bestselling author and former dean of freshmen at Stanford University who joins John for a candid discussion as part of Higher Ground's year-long focus on parenting impacts upon higher education. John and Julie discuss life, leadership, and development lessons learned from Julie’s latest book Your Turn: How to Be an Adult. Julie’s book reads like a deep and warm conversation between friends, full of anecdotes reflecting insights into the mind of today’s young adult generation that every parent and every educator needs to read.
A humble thanks to Julie for her work in this area and for her time in talking with us. Order her new book here.
In our second episode of the year, John talks about the many difficult challenges facing higher ed leadership in 2021. The ongoing COVID-19 pandemic, social justice and political issues, and the pressure of social media watching it all. John comments on the critical necessity of leadership optimism tempered with realism, resilience, and risk taking focused on re-orienting toward the common goal of educating to promote positive growth in society. To illustrate the point, John discusses the Stockdale Paradox and describes the way a kind man, Kenneth, works to lead people toward a more positive and kinder influence through his optimism, resilience, and ‘pay it forward mentality.’
Media Mentions:
- N. Onishi, Will American Ideas Tear France Apart? Some of Its Leaders Think So, New York Times (Feb. 9, 2021, updated Feb. 10, 2021) https://www.nytimes.com/2021/02/09/world/europe/france-threat-american-universities.html
- Live Coronavirus Updates: Here’s the Latest, The Chronicle of Higher Education, Feb. 10, 2021 https://www.chronicle.com/article/live-coronavirus-updates-heres-the-latest
- D. Collier, et al, We Want You Back: Uncovering the Influences on In-Person Instructional operations in Fall 2020, Feb. 2021 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3778772
- B. Groysberg and R. Abrahams, What the Stockdale Paradox Tells Us About Crisis Leadership, Harvard Business School, Aug. 17, 2020 https://hbswk.hbs.edu/item/what-the-stockdale-paradox-tells-us-about-crisis-leadership
Happy New Year! John and Erinn welcome HRW colleagues Pete Moser, Kathleen Berney and Mark Macchi for an important discussion on COVID-19 vaccine rollout updates, the state of the law on mandatory vaccinations, and things employers absolutely need to be thinking about while deciding whether to mandate vaccines. Though this may be a higher ed podcast, the mandatory vaccine issue applies to every business and organization, so every employer should listen. And for those in law school thinking about working in the Title IX space, John takes a question from a listener and offers some on-the-spot career advice.
John, Erinn, and Scott welcome The Wall Street Journal reporter Melissa Korn,co-author of the book Unacceptable: Privilege, Deceit & the Making of the College Admissions ScandaI, for an in-depth look at how criminal intent, cracks in the college recruiting and admissions process, parenting styles, egos, and entitlement all intersected to create the perfect storm for a near perfect scam. During the year following news of the Varsity Blues scandal breaking, Melissa and Jennifer meticulously researched the evolution of the scheme and the people who participated in it. The authors’ thoughtful study of parental motives and insecurities results in a captivating tale that once picked up, cannot be put down.
Unacceptable is a ‘must read’ for all parents and college/university leaders and is available on the Penguin Random House website at: https://www.penguinrandomhouse.com/books/622985/unacceptable-by-melissa-korn-and-jennifer-levitz/.
John and Scott welcome Joe Storch and Elizabeth Brady for a discussion of SUNY’s innovative collaboration with Ramapo College to develop a highly efficient approach to training Clery Act campus security authorities. Joe and Elizabeth talk about the big contribution RAPID aims to make in the Clery compliance realm, it’s very low cost – FREE – and its customization features. We also talk about SUNY Student Conduct Institute (SCI) offerings, its rapid growth, and its impact on schools.
Learn more about SUNY SCI at https://system.suny.edu/sci/
In this special pre-holiday season solo episode, John breaks down Center for Disease Control (CDC) guidance on Thanksgiving travel and gatherings in light of a surge in college and university student travel this week. John points out some behavioral realities as compared to CDC recommendations, and discusses what non-compliance while on holiday means for higher ed going forward.
He also talks about the importance of assessing how higher ed handled the first wave of COVID during the spring, and the need for incorporating hard learned lessons into forward surge planning. John walks listeners through the framework for really understanding the effectiveness of an institution’s response to the pandemic, and discusses his partnering with The Hawthorn Group on a formal study of the quality of institution pandemic responses.
Finally, John spends a few minutes on gratitude. A big “thank you” to all who spend time listening with us, we appreciate you!
Media mentions:
- CDC Guidance on Holiday Celebrations and Small Gatherings https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/holidays.html
John, and Scott welcome Sarah Brown, Senior Reporter at The Chronicle of Higher Education (https://bit.ly/3nEw1gq ) for some decompression after a long, long year in higher ed world. A ton of good laughs, a little musical deep dive, and of course, some higher ed chat. Sarah talks about her lifelong connection to higher ed, how she landed on covering higher ed for The Chronicle, and some of the big issues facing the industry at the end of 2020. Sarah shares her incredible insight on student mental health and developmental challenges, the impact of student reliance on digital technology and social media, the complexity of student life today, balance and nuance in reporting, Title IX process expectations and communication, and the tension between compliance and culture. We are big Sarah Brown fans here at Higher Ground, and we appreciate her journalistic integrity and style and her contributions to an outstanding episode!
Some of Sarah’s recent higher ed coverage – all of them worth a read:
- Sarah Brown (Nov. 10, 2020). Meet Covid-19’s Freshman. The Chronicle of Higher Education available at https://bit.ly/3fdEeVC
- Sarah Brown (Nov. 2, 2020). Trump’s 2016 Victory Sparked Unrest on College Campuses. What Might 2020 Bring? The Chronicle of Higher Education available at https://bit.ly/38YCheE
- Sarah Brown (Oct. 13, 2020). Did the Pandemic Worsen the Campus Mental-Health Crisis? Maybe Not, Data Show. The Chronicle of Higher Education available at https://bit.ly/2ISjQO3
- Sarah Brown (Oct. 9, 2020). How Colleges Can Ease Students’ Fear and Anxiety in Quarantine. The Chronicle of Higher Education available at https://bit.ly/3pJ2fZv
- Sarah Brown (Sept. 27, 2020). The Trump Administration Says Diversity Training Can Be Harmful. What Does the Research Say? The Chronicle of Higher Education available at https://bit.ly/3ffx3MD
- Sarah Brown (Aug. 13, 2020). Colleges Had 3 Months to Overhaul Sexual-Misconduct Policies. Now They’re Scrambling. The Chronicle of Higher Education available at https://bit.ly/36Ln6CY
Special Mentions:
- John’s favorite new pastime: checking Twitter every night to see how many more schools have joined @SUNYSCI https://system.suny.edu/sci/
- Georgetown University Professor Cal Newport’s outstanding book Digital Minimalism: Choosing a Focused Life in a Noisy World https://www.calnewport.com/books/digital-minimalism/
Political strategist and public relations expert John Ashford of The Hawthorn Group in Alexandria, Virginia joins John and Scott for some post-election analysis and discussion about how the election outcome will impact higher ed going forward. John Ashford helps us understand what Biden administration priorities for the education industry look like, where the traditional four-year school fits – or doesn’t fit – within those priorities, and political strategies schools need to be thinking about in the face of increasing strain on the industry due to the COVID-19 pandemic and social concerns. John discusses the critical importance of studying what various political appointments and elections might mean for an institution downstream and how to get ahead of the resulting pull. John also teases out why higher ed needs to consider strategic lobbying efforts as a means of financial survival.
A particularly fitting episode for this Veteran’s Day. A very humble thanks to all of the nation’s veterans and those who continue to serve – dedicated patriots from all walks of life who serve the noble and critical mission of preserving the democracy we see in action every day.
- Jack Strippling (Nov. 6, 2020). Trump’s Presidency May Be Over. Trumpism Is Not: Academics are grappling with what that means – even without Trump as head of state. The Chronicle of Higher Education available at https://www.chronicle.com/article/trumps-presidency-may-be-over-trumpism-is-not
- Michael Vasquez (Nov. 7, 2020). Joe Biden Won. Here’s What Higher Ed Can Expect: Tuition free college, student debt relief, and the reversal of several Trump policies are high on the agenda. The Chronicle of Higher Education available athttps://www.chronicle.com/article/joe-biden-won-heres-what-higher-ed-can-expect
- Eric Kelderman (Oct. 30, 2020). The College Degree Is Dividing America (What does that mean for higher education? The Chronicle of Higher Education available athttps://www.chronicle.com/article/the-great-divide
- Louis Volante, Christopher DeLuca, Don A. Klinger (Nov. 9, 2020). University admissions tests like the SAT are under scrutiny especially in the age of COVD-19. theconversation.com available at https://theconversation.com/university-admissions-tests-like-the-sat-are-under-scrutiny-especially-in-the-age-of-covid-19-142963
- Megan Cerullo (Nov. 10, 2020). College applications slide, especially for low-income students. cbsnews.com available at https://www.cbsnews.com/news/college-applications-down-low-income-students/
- Nina Agrawal (Nov. 10, 2020). Cal State schools see enrollments surge during COVID-19 pandemic. Los Angeles Times available at https://www.latimes.com/california/story/2020-11-10/cal-state-enrollment-surge-coronavirus-covid-online-classes
- (Nov. 10, 2020). Syracuse, Albany universities going remote as virus surges. Associated Press available at https://apnews.com/article/virus-outbreak-public-health-new-york-albany-andrew-cuomo-
In this second of a two-part episode, John breaks down the U.S. Department of Education’s new Clery Act compliance guidance. Recall that in Part 1, John discussed the context for the announcement – the developments leading up to the Department’s drastic reversal of its longstanding guidance. Referencing that context in Part 2, John analyzes the new guidance, discusses what it means, and suggests what schools might expect to see in the Clery compliance and auditing world in the near future.
- Department of Education Announcement Rescinding Clery Handbook (October 9, 2020) https://ifap.ed.gov/electronic-announcements/100920RescissionReplace2016HandbookForCampusSafetySecurityReporting
- Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education (2015) https://www.help.senate.gov/imo/media/Regulations_Task_Force_Report_2015_FINAL.pdf
On October 9, 2020, the Department of Education released brief guidance rescinding the 2016 edition of its Handbook for Campus Safety and Security Reporting a.k.a. the Clery Handbook. The Department’s announcement constitutes a drastic shift in its own interpretation of the role the Clery Handbook and Department guidance should play in Clery compliance and enforcement. In this first of a two-part episode, John Graff breaks down the October 9 announcement, a 2014 Senate hearing addressing the Department’s enforcement of its own guidance, the 2015 Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education, two recent media opinion pieces, all of which help us understand the Department’s October 9 action and Clery compliance going forward. In part two, John will analyze the new replacement guidance in light of the material discussed in part one with an eye toward laying out what Clery compliance likely will look like during 2021.
- Department of Education Announcement Rescinding Clery Handbook(October 9, 2020)
https://ifap.ed.gov/electronic-announcements/100920RescissionReplace2016HandbookForCampusSafetySecurityReporting - Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education (2015) https://www.help.senate.gov/imo/media/Regulations_Task_Force_Report_2015_FINAL.pdf
- June 26, 2014 Senate Hearing on Campus Sexual Assaults
https://www.c-span.org/video/?320167-1/sexual-assault-college-campuses - Opinion: It’s Time to Reform the Clery Act https://www.insidehighered.com/views/2020/05/15/clery-act-does-little-improve-campus-safety-even-during-pandemic-opinion
- Opinion: Clery Act Wastes College and University Resources https://www.campussafetymagazine.com/clery/opinion-clery-act-wastes-college-and-university-resources/
- The Clery Act and Overseas/Distance Study: New Developments and Compliance Guidance, 2016 Edition, Joseph Storch, updated September 26, 2016 http://www.legal.gatech.edu/sites/default/files/documents/nacuanote-cleryactabroadpdf.pdf
- Should I Stay or Should I Go?, Jake New, Inside Higher Ed (December 9, 2014)
https://www.insidehighered.com/news/2014/12/09/students-faculty-dont-always-react-quickly-emergency-alerts
COVID-19, social and political tension, Department of Education Investigations, and a little more on Jerry Falwell.
John Graff, Scott Schneider, and special guest Josh Nolan of Bricker & Eckler LLP break down recent news about Department of Education investigations into campus free speech, an Executive Order about diversity trainings of federal contractors, and a Department of Justice lawsuit about admissions practices.
We also chat about the overwhelming flood of issues student affairs professionals have to confront in today’s world, and our great respect for those professionals and the mission they serve. And because we are about higher ed legal issues AND rock and roll, we acknowledge the recent passing of the legendary Eddie Van Halen.
- 3 Universities Face U.S. Inquiries Into Free Speech Controversies: (Chronicle of Higher Education, October 1, 2020): https://www.chronicle.com/article/3-universities-face-u-s-inquiries-into-free-speech-controversies?cid2=gen_login_refresh&cid=gen_sign_in
- Executive Order on Combatting Race and Sex Stereotyping (September 22, 2020): https://www.whitehouse.gov/presidential-actions/executive-order-combating-race-sex-stereotyping/
- Justice Department v. Yale (Inside Higher Ed, August 17, 2020): https://www.insidehighered.com/admissions/article/2020/08/17/justice-department-threatens-yale-lawsuit
- Justice Department Sues Yale (Inside Higher Ed, October 9, 2020): https://www.insidehighered.com/quicktakes/2020/10/09/justice-department-sues-yale
- Eddie Van Halen, Hall of Famer Who Revolutionized the Guitar, Dead at 65 (Rolling Stone, October 6, 2020): https://www.rollingstone.com/music/music-news/eddie-van-halen-dead-200051/
At no time in U.S. history has higher ed faced so many simultaneous challenges as it does now. Race relations, social issues, the free speech debate, scandal, law enforcement challenges, Department of Education enforcement, a new Title IX regulation, and COVID-19. Higher education has been confronted with enterprise-wide threats due the coronavirus pandemic, which have become significantly more complex in light of the many other quickly evolving issues that test the resources of an institution. In this episode, Scott Schneider, joins me to discuss the complexity of higher ed’s COVID-19 crisis in light of other rapidly developing events and the need to learn from the recent past to get ready for the near future. We also discuss how we might go about handling a scandal crisis from the perspective of in-house counsel.
Media mentions:
- George Washington University Professor Who Lied About Being Black Resigns https://www.chronicle.com/article/george-washington-u-professor-who-lied-about-being-black-resigns.
- Is Academe Awash in Liberal Bias https://www.chronicle.com/article/is-academe-awash-in-liberal-bias
- Falwell Resigns Following Reports of Tryst. Or Does He? https://www.chronicle.com/article/falwell-reportedly-resigns-from-liberty-after-reports-of-tryst-involving-former-pool-attendant
- West Virginia U. President Apologizes for Not Wearing Mask https://www.chronicle.com/article/live-coronavirus-updates-heres-the-latest
- Opinion: It’s Time to Reform the Clery Act https://www.insidehighered.com/views/2020/05/15/clery-act-does-little-improve-campus-safety-even-during-pandemic-opinion
- Opinion: Clery Act Wastes College and University Resources https://www.campussafetymagazine.com/clery/opinion-clery-act-wastes-college-and-university-resources/
- UNC-Chapel Hill Fined $1.5 Million for Clery Violations https://www.campussafetymagazine.com/clery/opinion-clery-act-wastes-college-and-university-resources/
- A Boon to Small Businesses, College Students’ Return to Boston Worries Some Residents https://www.bostonherald.com/2020/08/29/a-boon-to-small-businesses-college-students-return-to-boston-worries-some-residents/
- College Trustees Must Step Forward in the Era of Pandemics https://medium.com/@jtgraff/college-trustees-must-step-forward-in-the-era-of-pandemics-eab691e91b9c
HRW's John Graff sits down with fellow higher education attorneys Courtney Bullard (Institutional Compliance Solutions) and Scott Schneider (Husch Blackwell) for a dynamic discussion about the pending Title IX regulations.
HRW's John Graff chats with Peter Moser, his colleague at HRW who specializes in employment law. They cover the impact of coronavirus on crisis management and employment law.
Video podcast available at: https://www.youtube.com/watch?v=-k1UbTRQlIk
HRW attorney John Graff details the timeline of the spread of the coronavirus. What steps should colleges take to protect students? What can students expect next? John explains what sets this illness apart from others and separates the facts from the fear.
References:
The Chronicle of Higher Education (subscribers only):
- American Colleges Seek to Develop Coronavirus Response, Abroad and at Home
- Coronavirus Is Prompting Alarm on American Campuses. Anti-Asian Discrimination Could Do More Harm.
"American Hookup" author Lisa Wade joins John to talk about the new world order when it comes to hookup culture on college campuses.
John is joined by Scott Schneider, partner at the law firm of Husch Blackwell, and Joe Storch, Associate Counsel in the SUNY Office of General Counsel and Chair of the Student Affairs Practice Group. The three of them discuss: Title IX, Clery Act, Department of Education enforcement, student affairs challenges, and more!
Robb Jones, Senior Vice President at United Educators and a titan in the higher education industry, joins the show for a discussion about how institutions can implement effective risk management, the founding of United Educators, and more.
John talks with former AUSA Christopher Tauro about the ongoing college-admissions scandal and the criminal implications. Chris is the managing partner of the Boston and Hartford offices of Lewis Brisbois (https://lewisbrisbois.com/). Please share and subscribe - People, keep on learning!
Eric Kelderman of The Chronicle Of Higher Education focuses on federal and state policy, the future of public higher education and accreditation. He joins John on the show to talk about the litany of issues dominating higher education in 2019, including campus free speech.
The inaugural episode of the HRW Higher Ground podcast with higher education attorney John Graff of Hirsch Roberts Weinstein LLP. A former police officer, John covers a litany of issues including campus safety and the massive college admissions scandal. If you enjoy this podcast please subscribe and share it!